By Smt. Saji Mathew, Member:-

The gist of the case is as follows:-

The Complainant purchased a Rado Watch from the 1^st Opposite Party on 04.01.2010 paying Rs.36,000/-. The Opposite Parties guaranteed 3 years replacement guarantee for the battery, 3 years free service and 1 year insurance coverage.

2. After three months use, a crack appeared on the case of the watch and the Complainant approached the 1^st Opposite Party for replacement of the watch. But they refused to replace the watch. This is deficiency in service on the part of the Opposite Parties.

3. Hence, the Complainant prays for an order directing the Opposite Parties to replace the watch or pay back the price of it. He also prays for a total compensation and cost of Rs.55,000/-.

4. The 1^st Opposite Party filed version and admitted the sale of watch to the Complainant. Guarantee is given by the manufacture of the watch. The 1^st Opposite Party is only a dealer. The 1^st Opposite Party has given the address of manufacturer in their version. One year replacement guarantee is given for the battery only. For other parts, 3 years free service guarantee is given.

5. The Complainant has approached the 1^st Opposite Party with a crack on the case of the watch. The crack was occurred due to the careless use by the Complainant. For such complaints no free service guarantee is given. Even then, the 1^st Opposite Party was ready to send the watch to the manufacturer for repair. But the Complainant insisted for replacement and filed this complaint. There is no deficiency in service on the side of the 1^st Opposite Party and he prays for the dismissal of the case.

6. The complaint impleaded the manufacturer as the 3^rd Opposite Party. The 2^nd and 3^rd Opposite Party set exparte. The Complainant was examined as PW1. Documents were marked as Exts.A1 to A5 on the side of the Complainant. No evidence was adduced by 1^st Opposite Party.

7. The matters to be decided are:-

1. Whether there is any deficiency in service on the side of the Opposite Parties?

2. Whether the Complainant is entitled for any relief?

8. Point No.1:- The 1^st Opposite Party admit the sale of watch to the Complainant. Ext.A2 is the guarantee card given by the 1^st Opposite Party. 1^st Opposite Party's statement that guarantee is given by the manufacturer is not correct. On Ext.A2, address or seal of the manufacturer is not seen. It is true that on Ext.A2, replacement guarantee is given only for the battery of the watch. Even then, it is not seen that sufficient steps were taken by the 1^st Opposite Party to redress the complaint raised by the Complainant. 1^st Opposite Party has not communicated with the manufacturer regarding the matter. Instead, he has evaded from all responsibility and pointed out the manufacturer as the only responsible person who is a total stranger to the Complainant. 1^st Opposite Party has not assured that proper guarantee card by the manufacturer is given to the customer when he sold an expensive product which costs

Rs.36,000/-. There is deficiency in service on the part of the 1^st Opposite Party.

9. Point No.2:- The Complainant is entitled to get the watch replaced by the Opposite Parties. He is also entitled to get the cost of the case.

Hence, the complaint is partly allowed and the Opposite Parties are directed to replace the watch with a new watch of the same kind or to repay the price of Rs.36,000/- (Rupees Thirty Six thousand only) to the Complainant. Opposite Parties are also directed to pay as the cost of the case Rs.1,000/- (Rupees One thousand only) to the Complainant. 1^st and 3^rd Opposite Parties are jointly and severally liable to comply with this order within 30 days of the receipt of this order. The Opposite Parties are directed to pay an interest on the ordered amount at the rate of 10% per annum from the date of the receipt of this order till payment.

Pronounced in open Forum on this the day of 29^th June 2011.

Date of filing:31.08.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True Copy/ Sd/-

PRESIDENT, CDRF, WAYANAD.

A P P E N D I X

Witness for the Complainant:

PW1. Thampi Complainant.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Copy of Retail Invoice. dt:04.01.2010.

A2. Copy of Guarantee Card.

A3. Copy of Card. dt:04.01.2010.

A4 Series. Copy of Lawyer Notice., Acknowledgments and Postal Receipts.

A5. Reply Notice. dt:17.06.2010.

Exhibits for the Opposite Parties:

Nil.